What is probable cause in criminal procedure?

Probable cause is a legal concept in criminal procedure that describes the level of evidence needed to establish reasonable suspicion that someone is guilty of a crime. In Hawaii, probable cause is defined as a set of facts and circumstances that would lead a reasonable person to believe that a crime has been committed or that a particular person has committed a crime. To find probable cause, a judge must consider all of the evidence presented to him or her and determine whether the evidence is convincing enough to believe that a crime has indeed taken place. In some cases, this standard is even higher, requiring substantial evidence that a crime has been committed by the suspect. A judge’s determination of probable cause is a crucial step in the criminal justice process that can determine the outcome of a criminal case. When there is sufficient evidence that incriminates someone, probable cause is found and an arrest warrant is issued. Once an arrest warrant is issued, the suspect can be arrested and brought before a court to answer for the charges.

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